Another success in the Mercedes emissions scandal before the Federal Court of Justice

/ emissions scandal / shutdown device, Daimler, Euro-5, KBA, Mercedes Benz, OM651, recall, damages, thermal window

The Federal Court of Justice (BGH) has anew positive for a plaintiff we represented in the Mercedes emissions scandal. This is not the first case we have conducted that has been referred back to the competent lower court for further review by the Federal Court of Justice (BGH ruling of 13 July 2021, Ref. VI ZR 128/20 and Federal Court of Justice decision of February 23, 2022, Ref. VII ZR 602/21). In this decision, the Federal Court of Justice (BGH) also ruled that the judgment of the Higher Regional Court (OLG) Koblenz had to be overturned and referred back to the Court of Appeal for a new decision (BGH decision of 20 April 2022, Ref. No. VII ZR 720/21). Specifically, the case concerns a used Mercedes-Benz GLK 220 CDI BE 4M (emission class Euro 5). The vehicle is equipped with a Diesel engine type OM 651 equipped.

Both the Regional Court and the Higher Regional Court had previously dismissed the plaintiff's claim and had not awarded him any damages. However, the Federal Court of Justice criticised the plaintiff's factual submission that Exhaust gas purification The driver's vehicle's performance is controlled by a software function that detects whether the vehicle is on the test bench and, in this case, activates a coolant target temperature control (CTC). When a CTC is activated, nitrogen oxide emissions are reduced to the permissible level.

BGH considers immoral behavior to be given

The Federal Court of Justice (BGH) stated that a mandatory recall by the Federal Motor Transport Authority (KBA) does not sufficiently establish the existence of an inadmissible defeat device. Rather, according to established case law of the highest courts, circumstances must exist that make the conduct of the persons involved appear particularly reprehensible (cf. BGH ruling of September 16, 2021, Ref. No. VII ZR 190/20). By using a Test bench recognition software According to the BGH, however, this would constitute immoral conduct.

The KBA has been investigating since autumn 2018 on suspicion of impermissible shutdown device against Daimler AG. The use of a software, which detects whether the vehicle is on the test bench and then reduces nitrogen oxide emissions, appears to be immoral according to the Federal Court of Justice. Nitrogen oxide emissions are thus only minimized on the test bench and not in real driving conditions on the roads. There, the legal limit of 180 mg/km is significantly exceeded. The KSR keeps the coolant circuit artificially colder and delays the warming up of the engine oil. This results in significantly lower NOx formation and compliance with the limit values on the test bench. However, if the engine is started without the test bench detection software, the KSR does not take effect. The result: The coolant and engine oil heat up more quickly and nitrogen oxide emissions are higher.

Rogert & Ulbrich recommends Mercedes drivers

If you are the owner of an affected vehicle with Engine type OM651 you should now Chance of a possible compensationThe law firm Rogert & Ulbrich was the first law firm in Germany to be able topositive decisionbefore the Federal Court of Justice in a Daimler case. Please contact us and let usyour demandscheck without obligation and free of charge. 

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